Przestępstwo sprzeniewierzenia pieniędzy publicznych przez urzędników gmin rzymskich w świetle przekazów jurysprudencji
Offence of embezzlement of Public funds by the officials of Roman municipalities in the light of the jurisprudence

Summary/Abstract: The article aims to present Roman regulations concerning speculators from the perspective of the methods of classifying its features by the compilers, which take into account both the normative content of original laws (created by the original authors of these laws), as well as the content added by later legislative factors: emperors, the senate and jurisprudence. The study of the Julian law on embezzlement of public funds may be conducted following the Justinian’s title Ad legem Iuliam peculatus et de sacrilegis et de residuis (D. 48, 13). Peculatus was the basic type of the offense of embezzlement of public funds. In the time of Augustus, two separate types of offense isolated from peculatus, which were sacrilegium (probably within one law - lex Iulia peculatus) and embezzlement of a specific kind of money, i.e. pecunia residua (probably within a separate law - lex Iulia de residuis). Despite being quite precisely defended by law, the type of the offense of embezzlement of public funds raised doubts in cases where the act committed by the offender was similar to theft (crimen furti), or forgery (crimen falsi).

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